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Kenneth Burnham v. Michigan

Paid petition · Court of Appeals of Michigan, No. 370434 · judgment November 4, 2024


Certiorari denied · October 6, 2025
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether Petitioner’s constitutional right to due process was violated when the Michigan Courts relied for six (6) years on a fraudulent Affidavit of Service to establish personal jurisdiction under MCR 2.105(A).

  2. Whether Petitioner’s constitutional right to due process was violated when the Michigan Courts failed to conduct an evidentiary hearing on a fraudulent Affidavit of Service.

Counsel of record

For petitioner
Harold Emmett Lucas Jr.
Lucas & Nowak LLP

For respondent
Ann Maurine Sherman
Michigan Department of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 09 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 02 2025
    Waiver of right of respondent State of Michigan to respond filed.
  4. May 21 2025
    Petition for a writ of certiorari filed. (Response due June 30, 2025)